The 49 states where [[state constitution]]s can be changed via a referred amendment differ, sometimes widely, in the rules and procedures governing the process.

+

The 49 states where [[state constitution]]s can be changed via a referred amendment differ in the rules and procedures governing the process.

Areas of difference include:

Areas of difference include:

−

* The number of times that the [[state legislature|state's legislature]] must vote on the amendment before it can go before the state's voters.

+

* The [[Legislatively-referred constitutional amendment#Number of legislative sessions|number of times]] that the [[state legislature|state's legislature]] must vote on the amendment before it can go before the state's voters.

* The size of the affirmative vote required in a [[state legislature]]: Simple majority? [[Supermajority vote|Supermajority]]? If a supermajority vote is required, what exact percentage is required?

* The size of the affirmative vote required in a [[state legislature]]: Simple majority? [[Supermajority vote|Supermajority]]? If a supermajority vote is required, what exact percentage is required?

* Once the proposed amendment goes before the state's voters, what percentage of them must vote in favor for the measure to be approved and go into the state's constitution?

* Once the proposed amendment goes before the state's voters, what percentage of them must vote in favor for the measure to be approved and go into the state's constitution?

* Can the state legislature decree a special election date for the vote on the proposed amendment, or is it only allowed to refer potential amendments to a general election ballot?

* Can the state legislature decree a special election date for the vote on the proposed amendment, or is it only allowed to refer potential amendments to a general election ballot?

−

* State requirements also differ with respect to how, where and when voters must be notified that there will be an election on a proposed amendment.

+

* State requirements also differ with respect to [[Publication requirements for proposed state constitutional amendments|how, where and when voters must be notified]] that there will be an election on a proposed amendment.

* States differ with respect to whether an amendment can originate in the [[upper house]], the [[lower house]] or (in most cases) either chamber of the [[state legislature]].

* States differ with respect to whether an amendment can originate in the [[upper house]], the [[lower house]] or (in most cases) either chamber of the [[state legislature]].

* Whether there is an absolute limit on how many proposed amendments can go on any one statewide ballot.

* Whether there is an absolute limit on how many proposed amendments can go on any one statewide ballot.

Line 25:

Line 25:

* When, after an election where a proposed amendment is approved, it legally becomes part of the [[state constitution]].

* When, after an election where a proposed amendment is approved, it legally becomes part of the [[state constitution]].

* The role, if any, of the state's governor or any other statewide constitutional officer in the process.

* The role, if any, of the state's governor or any other statewide constitutional officer in the process.

+

+

==Number of legislative sessions==

+

+

One way that the process of using legislatively-referred constitutional amendments to alter a [[state constitution]] differs is with respect to the question of how many different sessions of the [[state legislature]] must convene to vote on the proposed amendment. 35 of the 49 states that use this process say that the proposed amendment must only be approved in one session. These states vary with respect to the size of the vote required in that one legislative session, and several states have additional complex requirements, including 4 states where a proposed amendment can go on the ballot after a vote in one legislative session, if certain hurdles are met that do not apply if the state legislature considers the amendment in two sessions.

+

+

===One session===

+

+

====Majority vote====

+

+

Ten states allow a referred amendment to go on the ballot after a '''majority vote in one session''' of the [[state legislature|state's legislature]].

+

+

* [[Arizona]]: A majority vote is required in the [[Arizona State Legislature]].

+

+

* [[Arkansas]]: A majority vote is required in both chambers of the [[Arkansas State Legislature]] to refer a measure to the ballot. (See [[Article 19, Arkansas Constitution#Section 22|Section 22, Article 19, Arkansas Constitution]].)

+

+

* [[Minnesota]]: Proposed amendments must be agreed to by a majority of the members of each chamber of the [[Minnesota State Legislature]].

+

+

* [[Missouri]]: Proposed amendments must be agreed to by a majority of the members of each chamber of the [[Missouri General Assembly]].

+

+

* [[New Mexico]]: According to [[Article XIX, New Mexico Constitution|Article XIX of the New Mexico Constitution]], it takes a majority vote of all members of both houses of the [[New Mexico State Legislature]] to refer a proposed amendment to the ballot.

+

+

* [[North Dakota]]: [[Article IV, North Dakota Constitution#Section 16|Section 16 of Article IV]] of the [[North Dakota Constitution]] very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution."

+

+

* [[Oklahoma]]. The [[Oklahoma State Legislature]] can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.)

+

+

* [[Oregon]]: [[Article XVII, Oregon Constitution#Section 1|Section 1, Article XVIII of the Oregon Constitution]] says that it takes a majority vote of both chambers of the [[Oregon State Legislature]] to put an amendment proposed by the legislature on the ballot.

+

+

* [[Rhode Island]]: [[Article XIV, Rhode Island Constitution#Section 1|Section 1 of Article 14]] of the [[Rhode Island Constitution]] says that the [[Rhode Island General Assembly]] can initiate the process of amendment "by a roll call vote of a majority of the members elected to each house."

+

+

* [[South Dakota]]: [[Article XXIII, South Dakota Constitution#Section 1|Section 1 of Article XXIII]] of the [[South Dakota Constitution]] says that the [[South Dakota State Legislature]] can refer a proposed amendment to the state's voters through a majority vote.

+

+

====60% supermajority====

+

+

Nine states allow a referred amendment to go on the ballot after a '''60% [[supermajority vote]] in one session''' of the [[state legislature|state's legislature]].

+

+

* [[Alabama]]: [[Article XVIII, Alabama Constitution|Article XVIII]] of the [[Alabama Constitution]] says that it takes a three-fifths (60%) vote of the [[Alabama State Legislature]] to qualify an amendment for the ballot.

+

+

* [[Florida]]: [[Article XI, Florida Constitution#Section 1: Proposal by legislature|Section 1 of Article XI, Florida Constitution]] says that the [[Florida State Legislature]] can put a proposed amendment on the ballot if 60% or more of the legislators in each chamber agree to do so in a joint resolution.

+

+

* [[Illinois]]: An amendment can be proposed if 60% of the members of both houses of the [[Illinois General Assembly]] vote to put in on the ballot.

+

+

* [[Kentucky]]: If 60% of the membership of each chamber of the [[Kentucky General Assembly]] approves, a proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.

+

+

* [[Maryland]]: Placing a proposed amendment on the ballot must be approved by a 60% vote of each chamber of the [[Maryland State Legislature]].

+

+

* [[Nebraska]]: 60% of the members of the [[Nebraska State Legislature]] must vote for a proposed amendment.

+

+

* [[New Hampshire]]: [[Oaths and Subscriptions Exclusion from Offices, Etc., New Hampshire Constitution#Article 100|Part II, Article 100]] says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the [[New Hampshire General Court]].

+

+

* [[North Carolina]]: [[Article XIII, North Carolina Constitution#Section 4|Section 4 of Article XIII]] of the [[North Carolina Constitution]] says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the [[North Carolina State Legislature]].

+

+

* [[Ohio]]. The [[Ohio State Legislature]] can propose amendments, according to [[Article XVI, Ohio Constitution|Article XVI]], if 60% of the members of both chambers agree to it.

+

+

====2/3rds supermajority====

+

+

Sixteen states require '''a 2/3rds [[supermajority vote]] in one session''' of the [[state legislature|state's legislature]] before placing a proposed amendment on the ballot.

+

+

In three additional states, a 2/3rds supermajority vote is required in some, but not all, situations: In [[South Carolina]], an amendment also goes on the ballot after a 2/3rds vote in one legislative session, but it must go back to the legislature if the state's voters approve it, while in [[Pennsylvania]], an amendment can go on the ballot after just one session, but only if the legislature declares an emergency. (In the absence of an emergency, the amendment must be considered in two separate legislative sessions.) In [[Oklahoma]], a 2/3rds vote is only necessary if the state legislature wants the amendment to go on a special election ballot; if not, a majority vote in one legislative session suffices.

+

+

* [[Alaska]]: [[Article 13, Alaska Constitution|Article 13]] of the [[Alaska Constitution]] specifies that a 2/3rds vote of the [[Alaska State Legislature]] is required to refer a measure to the ballot.

+

+

* [[California]]: A 2/3rds vote of the both chambers of the [[California State Legislature]] is required to refer a measure to the ballot.

+

+

* [[Colorado]]: Two-thirds of each chamber of the [[Colorado General Assembly]] must vote affirmatively for a proposed amendment in order for it to go on the statewide ballot for potential voter ratification.

+

+

* [[Georgia]]: A proposed amendment must be approved by 2/3rds of the membership of each chamber of the [[Georgia General Assembly]] before going to the state's voters.

+

+

* [[Idaho]]: If a proposed amendment is agreed to by two-thirds of the members of both the [[Idaho State Senate]] and the [[Idaho House of Representatives]], the proposed amendment goes on the next general election ballot.

+

+

* [[Kansas]]: A 2/3rds vote in both chambers of the [[Kansas State Legislature]] is required to refer an amendment to the ballot.

+

+

* [[Louisiana]]: If 2/3rds of the members of both houses of the [[Louisiana State Legislature]] vote in the affirmative, a legislatively-referred constitutional amendment can be placed on a statewide ballot.

+

+

* [[Maine]]: According to [[Article X, Maine Constitution|Section 4 of Article X]], if the [[Maine House of Representatives]] and the [[Maine State Senate]] both vote by at least a 2/3rds majority, a proposed amendment to the constitution can be placed on the statewide ballot on the Tuesday following the first Monday of November after the state legislature acts.

+

+

* [[Michigan]]. Proposed amendments must be agreed to by 2/3rds of the members elected to and serving in each house of the [[Michigan State Legislature]].

+

+

* [[Mississippi]]: Two-thirds (2/3) of each house of the [[Mississippi State Legislature]] must approve a proposed amendment for it to go on a statewide ballot.

+

+

* [[Montana]]: [[Article XIV, Montana Constitution#Section 8|Section 8 of Article XIV of the Montana Constitution]] says that an affirmative roll call vote of two-thirds of all members of the [[Montana Legislature]] is required to refer an amendment to the ballot.

+

+

* [[Oklahoma]]. In general, it only takes a majority vote of the [[Oklahoma State Legislature]] to place a proposed amendment on the ballot. However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.

+

+

* [[Pennsylvania]]. A majority vote is required (in two successive sessions of) the [[Pennsylvania General Assembly]]. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

+

+

* [[South Carolina]]: [[Article XVI, South Carolina Constitution#Section 1|Section 1 of Article XVI]] of the [[South Carolina Constitution]] says that a legislatively-referred amendment can go on the ballot if approved by a 2/3rds vote of each house of the [[South Carolina State Legislature]]. (If the state's voters approve the amendment, it must then go back to the legislature for a second affirmative vote.)

+

+

* [[Texas]]. A 2/3rds vote in both chambers of the [[Texas State Legislature]] is required to refer an amendment to the ballot.

+

+

* [[Utah]]. According to [[Article XXIII, Utah Constitution#Section 1|Section 1, Article XXIII]], a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.

+

+

* [[Washington]]. A 2/3rds vote in both chambers of the [[Washington State Legislature]] is required to refer an amendment to the ballot.

+

+

* [[West Virginia]]. A 2/3rds vote in both chambers of the [[West Virginia State Legislature]] is required to refer an amendment to the ballot.

+

+

* [[Wyoming]]. A 2/3rds vote in both chambers of the [[Wyoming State Legislature]] is required to refer an amendment to the ballot.

+

+

===Two sessions===

+

+

In 12 states, proposed amendments are considered in two successive sessions of the [[state legislature|state's legislature]]. In one of these states, [[South Carolina]], the state legislature votes to put the amendment before the state's voters in just one session and later, if the state's voters approve the amendment, the state legislature takes it up again.

+

+

* [[Indiana]]: A majority vote is required (in two successive sessions of) the [[Indiana General Assembly]].

+

+

* [[Iowa]]: A majority vote is required (in two successive sessions of) the [[Iowa General Assembly]].

+

+

* [[Massachusetts]].

+

* [[Nevada]]: A majority vote is required (in two successive sessions of) the [[Nevada State Legislature]].

+

+

* [[New York]]: A majority vote is required (in two successive sessions of) the [[New York State Legislature]].

+

+

* [[Pennsylvania]]. A majority vote is required (in two successive sessions of) the [[Pennsylvania General Assembly]]. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

+

+

* [[South Carolina]]: [[Article XVI, South Carolina Constitution#Section 1|Section 1 of Article XVI]] of the [[South Carolina Constitution]] says that a legislatively-referred amendment can go on the ballot if approved by a 2/3rds vote of each house of the [[South Carolina State Legislature]]. However, if the state's voters approve the amendment, it must then go back to the legislature for a second affirmative vote.

+

+

* [[Tennessee]]. The [[Tennessee General Assembly]] must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn 2/3rds approval (in the first session, it only needs majority approval).

+

+

* [[Vermont]]. Amendments in Vermont must be considered in two successive sessions of the [[Vermont General Assembly]]. The '''second''' time they are considered, they need win only a majority vote. (In the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the [[Vermont State Senate]].)

+

+

* [[Virginia]]. A majority vote is required (in two successive sessions of) the [[Virginia General Assembly]].

+

+

* [[Wisconsin]]. A majority vote is required (in two successive sessions of) the [[Wisconsin State Legislature]].

+

+

'''Note:''' [[Delaware]] requires votes in two successive sessions of its [[state legislature]], but these proposed amendments do not go before the state's voters.

+

+

===Either/or===

+

+

Four states ([[Connecticut]], [[Hawaii]], [[New Jersey]] and [[Pennsylvania]]) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, '''or''' by a supermajority vote of one session.<ref>[http://www.sll.state.tx.us/const/8.pdf ''Comparative Analysis of the mode of amending state constitutions'', p. 108]</ref>

+

+

* In [[Connecticut]], the state legislature must approve a proposed amendment by a [[supermajority vote]] of '''75%''' but the same amendment can also qualify for the ballot if successive sessions of the [[Connecticut State Legislature]] approve it by a simple majority.

+

+

* In [[Hawaii]], the state legislature must approve a proposed amendment by a [[supermajority vote]] of '''2/3rds''' but the same amendment can also qualify for the ballot if successive sessions of the [[Hawaii State Legislature]] approve it by a simple majority.

+

+

* In [[New Jersey]], the state legislature must approve a proposed amendment by a [[supermajority vote]] of '''60%''' but the same amendment can also qualify for the ballot if successive sessions of the [[New Jersey State Legislature]] approve it by a simple majority.

+

+

* In [[Pennsylvania]], two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so.

==Size of vote in legislature==

==Size of vote in legislature==

Line 72:

Line 207:

* [[Pennsylvania]]. A majority vote is required (in two successive sessions of) the [[Pennsylvania General Assembly]]. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

* [[Pennsylvania]]. A majority vote is required (in two successive sessions of) the [[Pennsylvania General Assembly]]. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

−

* [[Vermont]]. Amendments in Vermont must be considered in two successive sessions of the [[Vermont General Assembly]]. The '''second''' time they are considered, they need win only a majority vote. (In the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the [[Vermont Senate]].)

+

* [[Vermont]]. Amendments in Vermont must be considered in two successive sessions of the [[Vermont General Assembly]]. The '''second''' time they are considered, they need win only a majority vote. (In the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the [[Vermont State Senate]].)

* [[Virginia]]. A majority vote is required (in two successive sessions of) the [[Virginia General Assembly]].

* [[Virginia]]. A majority vote is required (in two successive sessions of) the [[Virginia General Assembly]].

Line 112:

Line 247:

* [[Georgia]]: A proposed amendment must be approved by 2/3rds of the membership of each chamber of the [[Georgia General Assembly]] before going to the state's voters.

* [[Georgia]]: A proposed amendment must be approved by 2/3rds of the membership of each chamber of the [[Georgia General Assembly]] before going to the state's voters.

−

* [[Idaho]]: If a proposed amendment is agreed to by two-thirds of the members of both the [[Idaho Senate]] and the [[Idaho House of Representatives]], the proposed amendment goes on the next general election ballot.

+

* [[Idaho]]: If a proposed amendment is agreed to by two-thirds of the members of both the [[Idaho State Senate]] and the [[Idaho House of Representatives]], the proposed amendment goes on the next general election ballot.

* [[Kansas]]: A 2/3rds vote in both chambers of the [[Kansas State Legislature]] is required to refer an amendment to the ballot.

* [[Kansas]]: A 2/3rds vote in both chambers of the [[Kansas State Legislature]] is required to refer an amendment to the ballot.

Line 118:

Line 253:

* [[Louisiana]]: If 2/3rds of the members of both houses of the [[Louisiana State Legislature]] vote in the affirmative, a legislatively-referred constitutional amendment can be placed on a statewide ballot.

* [[Louisiana]]: If 2/3rds of the members of both houses of the [[Louisiana State Legislature]] vote in the affirmative, a legislatively-referred constitutional amendment can be placed on a statewide ballot.

−

* [[Maine]]: According to [[Article X, Maine Constitution|Section 4 of Article X]], if the [[Maine House of Representatives]] and the [[Maine Senate]] both vote by at least a 2/3rds majority, a proposed amendment to the constitution can be placed on the statewide ballot on the Tuesday following the first Monday of November after the state legislature acts.

+

* [[Maine]]: According to [[Article X, Maine Constitution|Section 4 of Article X]], if the [[Maine House of Representatives]] and the [[Maine State Senate]] both vote by at least a 2/3rds majority, a proposed amendment to the constitution can be placed on the statewide ballot on the Tuesday following the first Monday of November after the state legislature acts.

* [[Michigan]]. Proposed amendments must be agreed to by 2/3rds of the members elected to and serving in each house of the [[Michigan State Legislature]].

* [[Michigan]]. Proposed amendments must be agreed to by 2/3rds of the members elected to and serving in each house of the [[Michigan State Legislature]].

Line 138:

Line 273:

* [[Utah]]. According to [[Article XXIII, Utah Constitution#Section 1|Section 1, Article XXIII]], a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.

* [[Utah]]. According to [[Article XXIII, Utah Constitution#Section 1|Section 1, Article XXIII]], a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.

−

* [[Vermont]]. Amendments in Vermont must be considered in two successive sessions of the [[Vermont General Assembly]]. The '''second''' time they are considered, they need win only a majority vote. However, in the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the [[Vermont Senate]].

+

* [[Vermont]]. Amendments in Vermont must be considered in two successive sessions of the [[Vermont General Assembly]]. The '''second''' time they are considered, they need win only a majority vote. However, in the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the [[Vermont State Senate]].

* [[Washington]]. A 2/3rds vote in both chambers of the [[Washington State Legislature]] is required to refer an amendment to the ballot.

* [[Washington]]. A 2/3rds vote in both chambers of the [[Washington State Legislature]] is required to refer an amendment to the ballot.

Line 174:

Line 309:

===60% supermajority===

===60% supermajority===

−

* [[Illinois]]. For a referred amendment to win in Illinois, it must win a supermajority vote of 60% of those voting on the question '''or''' a majority of those who cast a ballot for any office in that election.

+

* [[Illinois]]. For a referred amendment to win in Illinois, it must win a supermajority vote of 60% of those voting on the question '''or''' a majority of those who cast a ballot for any office in that election.

+

+

* [[Florida]]. For a referred (or initiated) amendment to win in Florida, it must win a supermajority vote of 60% of those voting on the question, according to [[Article XI, Florida Constitution#Section 5|Section 5 of Article XI]]. This change was made via [[Florida Amendment 3, Supermajority Vote Required to Approve a Constitutional Amendment (2006)|Amendment 3 in 2006]].

===2/3rds supermajority===

===2/3rds supermajority===

Line 244:

Line 381:

* [[Wyoming]]

* [[Wyoming]]

|}

|}

+

+

Prior to 1974, Alaskan amendments could go on a special election ballot, but the [[Alaska Constitution]] was amended via [[Alaska Votes on Constitutional Amendments (1974)]] to require that such votes take place only on a general election date.

===Gubernatorial election===

===Gubernatorial election===

Line 290:

Line 429:

[[Nebraska]] also has a unique provision: Although the legislature can call a special statewide election to vote on a proposed amendment, an 80% affirmative vote is required.

[[Nebraska]] also has a unique provision: Although the legislature can call a special statewide election to vote on a proposed amendment, an 80% affirmative vote is required.

+

+

In [[Oklahoma]], if the legislature wants a proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.

===Silent===

===Silent===

Line 316:

Line 457:

==Unique provisions==

==Unique provisions==

−

In [[Ohio]], [[Article XVI, Ohio Constitution#Section 1|Section 1 of Article XVI of the Ohio Constitution]] says "No such case challenging the ballot language, the explanation, or the actions or procedures of the General Assembly in adopting and submitting a constitutional amendment shall be filed later than sixty-four days before the election."

+

In [[Colorado]], no one session of the [[Colorado General Assembly]] is allowed to propose amendments to more than six of the [[Colorado Constitution]]'s 29 articles.

+

+

In [[Illinois]], the legislature is not allowed to propose any amendments when a [[constitutional convention]] has been called up through the time that an election is held on any proposed amendments or revisions that arise from that convention.

+

+

In [[Georgia]], the [[Georgia General Assembly]] is allowed to repeal a previous vote to put a proposed amendment on the ballot if they do so with a 2/3rds vote of both chambers and at least two months before the election would have occurred.

In [[Louisiana]], amendments to the constitution can be proposed that directly affect voters in just part of the state. If an amendment affects five or fewer parishes it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.

In [[Louisiana]], amendments to the constitution can be proposed that directly affect voters in just part of the state. If an amendment affects five or fewer parishes it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.

Line 325:

Line 470:

In [[Nebraska]], the legislature can call a special statewide election to vote on a proposed amendment, but an 80% vote is required to place any such measures on a special election ballot.

In [[Nebraska]], the legislature can call a special statewide election to vote on a proposed amendment, but an 80% vote is required to place any such measures on a special election ballot.

+

+

In [[New Jersey]], if a proposed amendment fails, it (or a similar but not identical amendment) can't go back on the ballot "before the third general election thereafter."

In [[New Mexico]], notification that a proposed amendment will be on the ballot must be published in each county in the state and in both English and Spanish when newspapers in both languages are published in a particular county. New Mexico is the only state with an explicit bilingual requirement for voter notification of proposed amendments.

In [[New Mexico]], notification that a proposed amendment will be on the ballot must be published in each county in the state and in both English and Spanish when newspapers in both languages are published in a particular county. New Mexico is the only state with an explicit bilingual requirement for voter notification of proposed amendments.

+

+

In [[Ohio]], [[Article XVI, Ohio Constitution#Section 1|Section 1 of Article XVI of the Ohio Constitution]] says "No such case challenging the ballot language, the explanation, or the actions or procedures of the General Assembly in adopting and submitting a constitutional amendment shall be filed later than sixty-four days before the election."

The [[Pennsylvania Constitution]] has a provision that the [[Pennsylvania General Assembly]] is only allowed to refer the same amendment to the state's voters once in every five year period. ("...no amendment or amendments shall be submitted oftener than once in five years.")

The [[Pennsylvania Constitution]] has a provision that the [[Pennsylvania General Assembly]] is only allowed to refer the same amendment to the state's voters once in every five year period. ("...no amendment or amendments shall be submitted oftener than once in five years.")

A legislatively-referred constitutional amendment is a limited form of direct democracy with comparison to the initiated constitutional amendment. With the initiated constitutional amendment, voters can initiate the amendment and approve it, whereas with the legislatively-referred amendment, they can only approve or reject amendments initiated by their state's legislature.

When, after an election where a proposed amendment is approved, it legally becomes part of the state constitution.

The role, if any, of the state's governor or any other statewide constitutional officer in the process.

Number of legislative sessions

One way that the process of using legislatively-referred constitutional amendments to alter a state constitution differs is with respect to the question of how many different sessions of the state legislature must convene to vote on the proposed amendment. 35 of the 49 states that use this process say that the proposed amendment must only be approved in one session. These states vary with respect to the size of the vote required in that one legislative session, and several states have additional complex requirements, including 4 states where a proposed amendment can go on the ballot after a vote in one legislative session, if certain hurdles are met that do not apply if the state legislature considers the amendment in two sessions.

One session

Majority vote

Ten states allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature.

North Dakota: Section 16 of Article IV of the North Dakota Constitution very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution."

Oklahoma. The Oklahoma State Legislature can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.)

Kentucky: If 60% of the membership of each chamber of the Kentucky General Assembly approves, a proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.

2/3rds supermajority

In three additional states, a 2/3rds supermajority vote is required in some, but not all, situations: In South Carolina, an amendment also goes on the ballot after a 2/3rds vote in one legislative session, but it must go back to the legislature if the state's voters approve it, while in Pennsylvania, an amendment can go on the ballot after just one session, but only if the legislature declares an emergency. (In the absence of an emergency, the amendment must be considered in two separate legislative sessions.) In Oklahoma, a 2/3rds vote is only necessary if the state legislature wants the amendment to go on a special election ballot; if not, a majority vote in one legislative session suffices.

Oklahoma. In general, it only takes a majority vote of the Oklahoma State Legislature to place a proposed amendment on the ballot. However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.

Pennsylvania. A majority vote is required (in two successive sessions of) the Pennsylvania General Assembly. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

Two sessions

In 12 states, proposed amendments are considered in two successive sessions of the state's legislature. In one of these states, South Carolina, the state legislature votes to put the amendment before the state's voters in just one session and later, if the state's voters approve the amendment, the state legislature takes it up again.

Pennsylvania. A majority vote is required (in two successive sessions of) the Pennsylvania General Assembly. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

Tennessee. The Tennessee General Assembly must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn 2/3rds approval (in the first session, it only needs majority approval).

Vermont. Amendments in Vermont must be considered in two successive sessions of the Vermont General Assembly. The second time they are considered, they need win only a majority vote. (In the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the Vermont State Senate.)

Note:Delaware requires votes in two successive sessions of its state legislature, but these proposed amendments do not go before the state's voters.

Either/or

Four states (Connecticut, Hawaii, New Jersey and Pennsylvania) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, or by a supermajority vote of one session.[1]

In Hawaii, the state legislature must approve a proposed amendment by a supermajority vote of 2/3rds but the same amendment can also qualify for the ballot if successive sessions of the Hawaii State Legislature approve it by a simple majority.

In Pennsylvania, two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so.

Size of vote in legislature

Majority (One session)

Ten states allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature.

North Dakota: Section 16 of Article IV of the North Dakota Constitution very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution."

Oklahoma. The Oklahoma State Legislature can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.)

Majority (Two sessions)

Seven states allow a referred amendment to go on the ballot after a majority vote in two successive sessions of the state's legislature. The requirements in Connecticut, Hawaii, New Jersey, Pennsylvania and Vermont, detailed below, are slightly more complex.

In Hawaii, the state legislature must approve a proposed amendment by a supermajority vote of 2/3rds but the same amendment can also qualify for the ballot if successive sessions of the Hawaii State Legislature approve it by a simple majority.

Pennsylvania. A majority vote is required (in two successive sessions of) the Pennsylvania General Assembly. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

Vermont. Amendments in Vermont must be considered in two successive sessions of the Vermont General Assembly. The second time they are considered, they need win only a majority vote. (In the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the Vermont State Senate.)

Kentucky: If 60% of the membership of each chamber of the Kentucky General Assembly approves, a proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.

2/3rds supermajority

Seventeen states allow a referred amendment to go on the ballot after a 2/3rds supermajority vote in one session of the state's legislature. 3 other states require a 2/3rds vote at some point in their process, or during exceptional circumstances, but not at all times or points in the process.

Oklahoma. In general, it only takes a majority vote of the Oklahoma State Legislature to place a proposed amendment on the ballot. However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.

Pennsylvania. A majority vote is required (in two successive sessions of) the Pennsylvania General Assembly. However, when a "major emergency threatens or is about to threaten the Commonwealth", the legislature can put a proposed amendment on the ballot in just one legislative session, if they gain a 2/3rds vote on the proposed amendment.

Tennessee. The Tennessee General Assembly must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn 2/3rds approval (in the first session, it only needs majority approval).

Utah. According to Section 1, Article XXIII, a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.

Vermont. Amendments in Vermont must be considered in two successive sessions of the Vermont General Assembly. The second time they are considered, they need win only a majority vote. However, in the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the Vermont State Senate.

Either/or

Four states (Connecticut, Hawaii, New Jersey and Pennsylvania) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, or by a supermajority vote of one session.[2]

In Hawaii, the state legislature must approve a proposed amendment by a supermajority vote of 2/3rds but the same amendment can also qualify for the ballot if successive sessions of the Hawaii State Legislature approve it by a simple majority.

In Pennsylvania, two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so.

In Louisiana, a simple majority vote is required to approve an amendment, unless the amendment affects five or fewer parishes, in which case it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.

In Maryland, Article XIV of the Maryland Constitution allows for the possibility that some proposed constitutional amendments may apply to only one county (or the City of Baltimore, which is governed independently of a county structure). In this case, Article XIV says that in order to become part of the constitution, the proposed amendment must be approved by a majority vote not just statewide, but specifically in the county (or Baltimore) to which it exclusively applies.

60% supermajority

Illinois. For a referred amendment to win in Illinois, it must win a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.

2/3rds supermajority

New Hampshire: A proposed amendment must be approved by 2/3rds of those voting in order to become part of the state's constitution.

Double majority

Several states require a so-called double majority vote on proposed amendments. This means that the ballot question must win not just a majority of all votes cast on that particular proposal, but a majority of the vote of everyone voting in that election, even if not all voters cast a vote for or against a proposed amendment.

It is approved by a majority of all the votes tallied upon the question if this majority constitutes at least 50% of the total vote cast at the election, or,

If approved at a special election by a majority of all the votes tallied upon the question, if this majority consists of at least 30% of the total number of registered voters in the state at that time.

Illinois. For a referred amendment to win in Illinois, it must win a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.

Tennessee. A proposed amendment in Tennessee must earn a majority of those voting on the amendment, and "a majority of all the citizens of the state voting for governor."

Utah. A proposed amendment in Utah requires a vote of at least a "majority of the electors of the State voting at the next general election." This means that more voters can vote "yes" on a particular amendment than "no" and it still might lose, depending on how many voters altogether vote in that election.

Other

In Nebraska, a proposed amendment becomes part of the Nebraska Constitution if it wins a majority vote and it wins the votes of at least 35% of those voting in the election for any office.

In Louisiana, amendments to the constitution can be proposed that directly affect voters in just part of the state. If an amendment affects five or fewer parishes it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.

In Maryland, Article XIV of the Maryland Constitution allows for the possibility that some proposed constitutional amendments may apply to only one county (or the City of Baltimore, which is governed independently of a county structure). In this case, Article XIV says that in order to become part of the constitution, the proposed amendment must be approved by a majority vote not just statewide, but specifically in the county (or Baltimore) to which it exclusively applies.

To a public vote and back again

South Carolina has a unique provision under which amendments must be:

Approved by a two-thirds vote in each chamber of the state's legislature.

Approved by a statewide popular vote (simple majority)

The amendment then goes back to the legislature, which must approve it by a simple majority. This second vote in the state legislature must take place "after the election and before another".

Special or general election?

State constitutions differ on the question of whether a state legislature can call a special election to vote on an amendment they wish to propose to the people.

General only

20 state constitutions specify that amendments proposed by the state legislature can only go on the ballot at a general election.

West Virginia has a unique requirement with regard to voting on amendments at special elections: "Whenever one or more amendments are submitted at a special election, no other question, issue or matter shall be voted upon at such special election."

Nebraska also has a unique provision: Although the legislature can call a special statewide election to vote on a proposed amendment, an 80% affirmative vote is required.

In Oklahoma, if the legislature wants a proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.

Silent

4 state constitutions are silent with respect to whether their state legislature can refer an amendment to the ballot at a special election.

Kansas. There is a cap of five proposed amendments on any one ballot. The Kansas State Legislature, however, can call special elections for voting on amendments.

Kentucky. There is a cap of four proposed amendments on any one ballot.

Note: In the case of Arkansas, Illinois and Kentucky, their state legislatures are only allowed to vote proposals onto the ballot for general elections; that is, these state legislatures can't decree special elections for the purpose of voting on proposed amendments. This makes their caps more stringent than if in these states, amendments could be placed on special election ballots, as is the case in 20 states, including Kentucky.

Unique provisions

In Illinois, the legislature is not allowed to propose any amendments when a constitutional convention has been called up through the time that an election is held on any proposed amendments or revisions that arise from that convention.

In Georgia, the Georgia General Assembly is allowed to repeal a previous vote to put a proposed amendment on the ballot if they do so with a 2/3rds vote of both chambers and at least two months before the election would have occurred.

In Louisiana, amendments to the constitution can be proposed that directly affect voters in just part of the state. If an amendment affects five or fewer parishes it has to be approved by a majority statewide vote and by a majority vote in the parishes it affects. The same thing is true for an amendment that affects five or fewer municipalities in the state.

In Maryland, Article XIV of the Maryland Constitution allows for the possibility that some proposed constitutional amendments may apply to only one county (or the City of Baltimore, which is governed independently of a county structure). In this case, Article XIV says that in order to become part of the constitution, the proposed amendment must be approved by a majority vote not just statewide, but specifically in the county (or Baltimore) to which it exclusively applies.

By statute, proposed constitutional amendments in Minnesota are printed on a pink ballot.[3]

In Nebraska, the legislature can call a special statewide election to vote on a proposed amendment, but an 80% vote is required to place any such measures on a special election ballot.

In New Jersey, if a proposed amendment fails, it (or a similar but not identical amendment) can't go back on the ballot "before the third general election thereafter."

In New Mexico, notification that a proposed amendment will be on the ballot must be published in each county in the state and in both English and Spanish when newspapers in both languages are published in a particular county. New Mexico is the only state with an explicit bilingual requirement for voter notification of proposed amendments.

In Ohio, Section 1 of Article XVI of the Ohio Constitution says "No such case challenging the ballot language, the explanation, or the actions or procedures of the General Assembly in adopting and submitting a constitutional amendment shall be filed later than sixty-four days before the election."

In Vermont, amendments can only be proposed once in a four-year period.

West Virginia has a unique requirement with regard to voting on amendments at special elections: "Whenever one or more amendments are submitted at a special election, no other question, issue or matter shall be voted upon at such special election."